UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDING JURISDICTION ACT Presented by

1. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDING JURISDICTION ACT Presented by Ivory S. Umanah Ivoryu@e-ulaw.com

2. UAGPPA – LIMITED PURPOSE • COORDINATE MULTI-JURISCDICTION GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS. • FOR ADULTS ONLY.

3. UAGPPA - COMPONENTS • FIVE ARTICLES COVERED: • 1) DEFINITIONS; • 2) JURISDICTION; • 3) TRANSFER TO ANOTHER STATE; • 4) OUT OF STATE ENFORCEMENT; AND • 5) EFFECTIVE DATE PROVISIONS.

4. PRESENTATION FOCUS • (A) DETERMINING HOME STATE; • (B) SIGNIFICANT CONNECTION FACTORS; • (C) OUT OF STATE RECOGNITION; • (D) TRANSFER TO ANOTHER STATE; and • (E) OUT OF STATE ENFORCEMENT.

5. DETERMINING HOME STATE • WHAT IS ‘HOME STATE’ UNDER THE ACT? • STATE IN WHICH THE RESPONDENT WAS PHYSICALLY PRESENT INCLUDING ANY PERIOD OF TEMPORARY ABSENCE, FOR AT LEAST 6 CONSECUTIVE MONTHS BEFORE THE FILING OF A PETITION FOR GUARDIANSHIP OR PROTECTIVE ORDER. • OR

6. DETERMINING HOME STATE • THE STATE IN WHICH THE RESPONDENT WAS PHYSICALLY PRESENT, INCLUDING ANY PERIOD OF TEMPORARY ABSENCE, FOR AT LEAST 6 CONSECUTIVE MONTHS ENDING WITHIN 6 MONTHS PRIOR TO THE FILING OF THE PETITION.

7. SIGNIFICANCE OF HOME STATE • ONCE ESTABLISHED, THE HOME STATE HAS PRIMARY JURISDICTION OVER THE PROCEEDINGS TO APPOINT A GUARDIAN OR CONSERVATOR OR ISSUANCE OF PROTECTIVE ORDER.

8. ILLUSTRATION • BILL – CALL HIM BILL • RESIDENCE – ILLINOIS FOR 5 OF LAST 6 YEARS. • 2 CHILDREN – I IN MN AND 1 IN ILL. • BILL VISITS I CHILD IN MN 2 TIMES/YEAR. • LAST MN VISIT – 5 MONTHS AGO AND HAS NOT RETURNED TO ILL YET. • BILL’S HEALTH DETERIORATES WHILE IN MN. • BILL’S ILL CHILD COMMENCES PROCEEDING IN ILL.

9. ILLUSTRATION CONTD. • BILL’S MN CHILD OBJECTS. • BILL’S MN CHILD COMMENCED SEPARATE ACTION IN MN. • WHERE IS BILL’S HOME STATE FOR PURPOSES OF THESE DUELING PROCEEDINGS?

10. SIGNIFICANT CONNECTION FACTORS • WHAT IS A ‘SIGNIFICANT CONNECTION STATE’? • A STATE OTHER THAN THE HOME STATE, WITH WHICH A RESPONDENT HAS A SIGNIFICANT CONNECTION OTHER THAN MERE PHYSICAL PRESENCE IN WHICH SUBSTANTIAL EVIDENCE CONCERNING THE RESPONDENT IS AVAILABLE.

11. SIGNIFICANT CONNECTION FACTORS • FACTORS TO CONSIDER: • (1) LOCATION OF FAMILY AND OTHER PERSONS FOR NOTICE PURPOSES; • (2) LENGTH OF TIME OF PHYSICAL PRESENCE IN THE STATE AND DURATION OF ANY ABSENCE; • (3) LOCATION OF RESPONDENT’S PROPERTY; AND • (4)EXTENT OF TIES TO THE STATE e.g. Voting registration, tax filings, driver license, etc.

12. BILL’S DILEMNA • IS THERE SIGNIFICANT CONNECTION TO MINNESOTA IN BILL’S CASE? • WHAT FACTORS WOULD CONTRIBUTE TO SIGNIFICANT CONNECTION TO MINNESOTA?

13. OUT OF STATE RECOGNITION • THE ACT PROVIDES FOR THE REGISTRATION OF ORDER FROM ONE STATE IN THE COURT OF ANOTHER STATE. • UPON REGISTRATION OF THE APPROPRIATE ORDER, THE GUARDIAN OR CONSERVATOR MAY EXERCISE IN ONE STATE ALL THE POWERS AUTHORIZED IN THE ORDER FOR APPOINTMENT INCLUDING THE POWER TO MAINTAIN ACTIONS.

14. TRANSFER TO ANOTHER STATE • IF IT BECOMES NECESSARY TO TRANSFER AN EXISTING GUARDIANSHIP; OR CONSERVATORSHIP TO ANOTHER STATE, THE ACT PROVIDES PROCEDURES FOR SUCH TRANSFER.

15. TRANSFER PROCEDURES • PETITION IS FILED OBSERVING ALL NOTICE REQUIREMENTS. • GENERALLY NO HEARING REQUIREMENTS BUT NOTE, • (A) TRANSFERRING COURT MUST FIND SUFFICIENT GROUNDS FOR TRANSFER. • (B) TRANSFEREE COURT MUST ACCEPT THE TRANSFER. • (C) IF (A) AND (B) ARE SATISFIED, TRANSFERRING COURT ISSUES A PROVISIONAL ORDER OF TRANSFER. • ACTION IS NOT DISMISSED AT THIS TIME.

16. TRANSFER PROCEDURES CONT. • IN THE TRANSFEREE COURT: • A SEPARATE PETITION IS FILED AFTER PROVISIONAL ORDER FROM TRANSFERRING COURT. • NOTICE REQUIREMENTS MUST ALSO BE MET IN BOTH STATES. • AGAIN NO HEARING REQUIREMENT. • TRANSFEREE COURT ISSUES ITS OWN PROVISIONAL ORDER ACCEPTING THE TRANSFER. • ORDER MAY NOT BE ISSUED IF NOT IN RESPONDENT’S BEST INTEREST.

17. TRANSFER PROCEDURES CONTD. • FINALLY, THE PROVISIONAL ORDER FROM TRANSFEREE COURT MUST BE FILED IN THE TRANSFERRING COURT. • THE TRANSFERRING COURT WILL THEN ISSUE A FINAL ORDER TERMINATING THE GUARDIANSHIP/CONSERVATORSHIP IN THE TRANSFERRING STATE. • TRANSFEREE COURT (UPON RECEIPT OF ORDER TERMINATING GUARDIANSHIP/CONSERVATORSHIP) WILL CONVERT ITS PROVISIONAL ORDER INTO A FINAL ORDER APPOINTING GUARDIAN OR CONSERVATOR IN TRANSFEREE STATE.

18. TRANSFER PROCEDURES CONTD. • TRANSFEREE COURT HAS UP TO 90 DAYS TO MODIFY ITS ORDER TO CONFORM TO ITS STATE LAWS.

19. OUT OF STATE ENFORCEMENT • SO HOW ARE OUT OF STATE ORDERS ENFORCED IN ANOTHER JURISDICTION? • A GUARDIAN OR CONSERVATOR MUST REGISTER THE ORDER FOR GUARDIANSHIP/CONSERVATORSHIP IN THE COURT OF THE STATE WHICH ENFORCEMENT IS SOUGHT. • UPON REGISTRATION OF THE ORDER, THE GUARDIAN OR CONSERVATOR MAY EXERCISE ALL POWERS IN ANOTHER JURISDICTION EXCEPT AS PROHIBITED UNDER LAW.

20. TERMINATION CONDITIONS AND PROCEDURES • GUARDIANSHIPS • TERMINATED IN ONE OF TWO WAYS: • (A) DEATH • GUARDIAN FILES A PETITION OR AFFIDAVIT INFORMING THE COURT OF THE DEATH AND SUBMITS A REQUEST FOR DISCHARGE. • (B) RESTORATION TO CAPACITY • RESPONDENT FILES THE PETITION SEEKING RESTORATION WITH THE COURT. (AT ANY TIME)

21. TERMINATION CONDITIONS AND PROCEDURES CONTD. • CONSERVATORSHIP • TERMINATED IN ONE OF THREE WAYS: • (A)LACK OF FUNDS • CONSERVATOR FILES A FINAL ACCOUNT SEEKING APPROVAL OF ACCOUNT AND DISCHARGE. • (B)DEATH • CONSERVATORSHIP TERMINATES UPON DEATH OF RESPONDENT. CONSERVATOR FILES AND ACCOUNT AS ABOVE. • (C) PETITION TO TERMINATE • PROTECTED PERSON FILES THIS PETITION.

22. UNIFORM ADULT GUARDIANSHIPANDPROTECTIVE PROCEEDING JURISDICTION ACT THE END

23. Contact For assistance with the issues discussed in this presentation, please contact the law firm of Engelmeier & Umanah, P.A. at (612) 455-7720 and ask to speak with our estate planning attorneys.